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Harare High Court
TUNGAMIRAI MADZOKERE and LAST MAENGEHAMA and LAZARUS MAENGEHAMA and STANFORD MAENGEHAMA and GABRIEL SHUMBA and PHINIEAS NHATARIKWA and STEFANI TAKAIDZWA and STANFORD MAGURO and YVONNE MUSARURWA and REBECCA MAFUKENI and SYNTHIA FUNGAI MANJORO and LINDA MUSIYAMHANJE and TAFADZWA BILLIAT and SIMON MUDIMU and DUBE ZWELIBANZE and SIMON MAPANZURE and EDWIN MUINGIRI and AUGUSTINE TENGANYIKA and FRANCIS VAMBAI and NYAMADZAWO GAPARE and KURINA GWESHE and MEMORY NCUBE and LOVEMORE TARUVINGA MAGAYA and ODDREY SYDNEY CHIROMBE and ABINA RUTSITO and TENDAI MAXWELL CHINYAMA and JEPHIAS MOYO and SOLOMON MADZORE and PAUL NGANEROPA RUKANDA v THE STATE
HH 282-12
Case Details
Court
Harare High Court
Date
4 July 2012
Citation
HH 282-12
Neutral Citation
[2012] ZWHH 282
Outcome
unknown
Case Type
Application
Bench
Presiding
BHUNU J
Full Bench
BHUNU J
Areas of Law
Criminal ProcedureConstitutional LawBail Law
Keywords
s 117 (6)exceptional circumstancesonus of proofleave to appeal
Tags
bailmurderpolice officerexceptional circumstances
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Constitution of Zimbabwe
- Parks and Wild Life Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants have established exceptional circumstances to warrant bail under s 117(6) of the Criminal Procedure and Evidence Act","issue_type":"law","dispositive":"yes","related_facts":"The accused failed to adduce evidence beyond defence outlines"}
- {"issue_text":"Whether the constitutional challenge to s 117(6) was properly raised and determined","issue_type":"procedural","dispositive":"no","related_facts":"The issue was not raised during the initial bail hearing"}
- {"issue_text":"Whether leave to appeal should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"The trial is ongoing and the case facts are evolving"}
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background
Facts of the Case
Background
The 29 accused persons are in custody for allegedly murdering a police officer during politically motivated violence. They applied for leave to appeal against the denial of bail, arguing that the trial court erred in its interpretation of "exceptional circumstances" under s 117(6) and that the section is unconstitutional. The court found no merit in the constitutional challenge but granted leave to appeal for the group initially granted bail by consent.
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